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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2758 Introduced 2/17/2016, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED:
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| 50 ILCS 725/3.8 | from Ch. 85, par. 2561 |
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Amends the Uniform Peace Officers' Disciplinary Act.. Provides that a sworn affidavit or other legal documentation is not required to file a complaint against a peace officer (currently, a sworn affidavit is required). Removes a provision referring unsupported complaints containing false material information to the State's Attorney. Effective January 1, 2017.
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| | A BILL FOR |
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| | SB2758 | | LRB099 18393 AWJ 42768 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Uniform Peace Officers' Disciplinary Act is |
| 5 | | amended by changing Section 3.8 as follows:
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| 6 | | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
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| 7 | | Sec. 3.8. Admissions; counsel; verified complaint.
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| 8 | | (a) No officer shall be interrogated without first being |
| 9 | | advised
in writing that admissions made in the course of the |
| 10 | | interrogation may be
used as evidence of misconduct or as the |
| 11 | | basis for charges seeking suspension,
removal, or discharge; |
| 12 | | and without first being advised in writing that he
or she has |
| 13 | | the right to counsel of his or her choosing who may be present
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| 14 | | to advise him or her at any stage of any interrogation.
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| 15 | | (b) It shall not be a requirement for anyone Anyone filing |
| 16 | | a complaint against a sworn peace officer to must have the
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| 17 | | complaint supported by a sworn affidavit or any other legal |
| 18 | | documentation. Any complaint, having been supported by a sworn |
| 19 | | affidavit, and having been found, in total or in part, to |
| 20 | | contain knowingly false material information, shall be |
| 21 | | presented to the appropriate State's Attorney for a |
| 22 | | determination of prosecution.
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| 23 | | (Source: P.A. 97-472, eff. 8-22-11.)
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